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Old 04-18-2012, 06:52 PM
 
1,553 posts, read 989,204 times
Reputation: 1103
A landlord cannot discriminate based on sexual orientation. Refusing to accept an application or even turning down the applicant based solely on the applicant's sexual orientation is classic discrimination.

From my experience, there is a certain group of renters, they of a certain alternate lifestyle that some would deem immoral, who generally make great tenants - great credit, pay rent on time, keep the place neat. I know many landlords who would love to have the very group of tenants that your friend is trying to turn away.
.
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Old 04-18-2012, 06:52 PM
 
7,154 posts, read 3,724,492 times
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If the "persistent" applicant feels he/she is getting delayed or brushed off, they can file a complaint with both state and federal anti-discrimination authorities. If the landlord rents to another after the "persistent" applicant has put in his request, the landlord will face an investigation. The investigations will include in-depth interviews throughout the community, under subpoenas if necessary. And it's interesting how many people will give factual information including timelines and conversations with parties involved when facing legal scrutiny.

Pilgrim requested in the opening post that this thread not go down the road of a morality debate ... but, of course, the very issue, and the fact it is being presented as it is, IS a morality issue. "Someone" is trying to both discriminate and treat the laws of state and nation with disregard.
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Old 04-18-2012, 07:01 PM
 
Location: Santa Cruz, CA
2,192 posts, read 2,888,889 times
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Quote:
Originally Posted by WesternPilgrim View Post
No applications yet.

The problem is that CA law prevents landlords from discriminating against people who engage in certain objectionable behaviors - co-habitating couples, for instance. Note this famous case in Chico from 1996.
From your original post:

"Please, let's not go down the road of turning this into another morality debate. I'd like to stick to the legal and practical question."

I knew you were being disingenuous.
Your thread is just a excuse for talking about this c*** again.
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Old 04-18-2012, 07:02 PM
 
Location: The Other California
4,258 posts, read 2,120,609 times
Reputation: 1454
Quote:
Originally Posted by beb0p View Post
A landlord cannot discriminate based on sexual orientation. Refusing to accept an application or even turning down the applicant based solely on the applicant's sexual orientation is classic discrimination.
OK, but does a landlord have a positive legal obligation to explain why the application was denied?

Imagine this scenario: Application from Prospective Tenant A is received but not approved due to moral/religious objections. No acceptable applications are subsequently received. Landlord continues advertising in the same venue. Prospective Tenant A notices the continuation of advertising, calls landlord to inquire as to why his application was not approved. What are the landlord's rights at this point?

Quote:
Originally Posted by beb0p View Post
From my experience, there is a certain group of renters, they of a certain alternate lifestyle that some would deem immoral, who generally make great tenants - great credit, pay rent on time, keep the place neat. I know many landlords who would love to have the very group of tenants that your friend is trying to turn away.
Undoubtedly true. And they don't seem to have any difficulty finding top-notch housing in California.
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Old 04-18-2012, 07:03 PM
 
Location: southern california
47,955 posts, read 43,402,587 times
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they will bust u so fast for discrimination. good salary and good credit good rental history is always correct basis of placement. u stick to that and u cant go wrong. they havnt started making landlords take rotten tenants --- yet.
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Old 04-18-2012, 07:06 PM
 
Location: The Other California
4,258 posts, read 2,120,609 times
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Quote:
Originally Posted by jaijai View Post
I knew you were being disingenuous.
Your thread is just a excuse for talking about this c*** again.
Baloney. All that's necessary for this conversation is to acknowledge that landlords exist who have strongly-held views that conflict with CA laws, and who are therefore faced with a legal and moral quandry. Let's please stick to the topic.
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Old 04-18-2012, 07:22 PM
 
Location: Santa Cruz, CA
2,192 posts, read 2,888,889 times
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Quote:
Originally Posted by WesternPilgrim View Post
Baloney. All that's necessary for this conversation is to acknowledge that landlords exist who have strongly-held views that conflict with CA laws, and who are therefore faced with a legal and moral quandry. Let's please stick to the topic.
Again, disingenuous.
And as a renter who has dealt with more lousy, entitled, selfish / self-serving landlords than i can easily count, screw 'em.
I hope your "friend" gets sued by whoever he's planning on discriminating against.
And / or he rents to morally upstanding people who don't engage in any activities that offend the self righteous and who end up trashing his place.
What's important to those who are sane is having a tenant who cares for the rental unit and pays the rent on time every time!
Duh.
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Old 04-18-2012, 07:39 PM
 
Location: La Cañada
459 posts, read 289,991 times
Reputation: 208
Quote:
Originally Posted by jaijai View Post
And / or he rents to morally upstanding people who don't engage in any activities that offend the self righteous and who end up trashing his place.
They can be normal, morally up-standing citizens and NOT trash his place, you know.

Back to the thread. Unfortunately, they're right...this is from the CA Dept. of Consumer Affairs:

"A landlord cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law that are not closely related to the landlord’s business needs. Race and religion are examples of group characteristics specified by law.35 Arbitrary discrimination on the basis of any personal characteristic such as those listed under this heading also is prohibited. Indeed, the California Legislature has declared that the opportunity to seek, obtain and hold housing without unlawful discrimination is a civil right."

It seems that unless your friend has business needs that closely relate to not renting the property, he must rent to whoever is qualified--whether or not they qualify to your friend. Sorry there isn't really a loop-hole.
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Old 04-18-2012, 07:52 PM
 
Location: Santa Cruz, CA
2,192 posts, read 2,888,889 times
Reputation: 1917
Well yes, the point is that a good tenant is one who cares for the property and pays rent on time every time.
What more is there to say?
It's not even worth discussing.
It's been stated a number of times on this thread that a landlord can't discriminate.
Simple. Obvious.
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Old 04-18-2012, 07:59 PM
 
Location: La Cañada
459 posts, read 289,991 times
Reputation: 208
No, I proved that WP's friend can, technically, cite business reasons/needs for not renting to someone.
This is not EVEN including the fact that, if one was to rent a room/board, they have much more freedom--not necessarily to discriminate, but to specify what they want in a tenant (due to the likeliness of having to share common areas).

Note: a relative of mine is a Realtor and familiar with these laws. We discussed them last month.
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